Immigration Law

Immigration Attorneys in Pembroke Pines, FL

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Cabanas Law Firm Immigration Services

My Personal Story…

I feel very passionately about helping those who need Immigration Services, and providing the utmost care to those who need it. The reason is very personal for me. After my Aunt died, I had the responsibility of settling some family business in the wake of her death. As I was arranging details for the family, I came across letters that she had collected over the years. Some of these letters described our family life and documented many past experiences.

After reading some of the letters, I was surprised to discover that my own family had been ripped off, not once, but three times by Immigration Attorneys. Each had claimed they would resolve the issues, but none of them ever came through for my family. My family spent thousands of dollars, money they did not have, on empty promises and were left with nothing to show for it.

After learning about my own family struggles with Immigration Attorneys, I have made a personal vow to stop this from happening to other families.

Our Promise to you…

In order to achieve your immigration needs it is very important to hire an experienced attorney to represent and defend you in court. We at Cabanas Law Firm will personally meet with you to learn about your individual circumstances, understand your objectives, develop a special defense strategy, and implement an effective plan to achieve the best possible outcome. Most importantly, we pride ourselves on our ability to truly listen to you so that we can create the best possible strategy for your unique situation.

Part of what makes immigration matters so complex is the fact that everyone’s situation is unique. Some people may assume that simply because their friend or family member’s application for immigration relief was denied, that their application will be denied as well. This is simply not the case and it is important to consult an experienced attorney that will fully analyze and assess the circumstances of your case.

Naturalization/Citizenship

For many, becoming a United States citizen marks the final ending point of a complicated immigration path filled with twists and turns. If you are currently have a green card, then you may be eligible to file an application to “naturalize” and become a U.S. citizen. However, before applying for naturalization, it is important that you satisfy all of the necessary requirements and that there is nothing in your past or present that will prevent you from becoming a U.S. citizen.

Remember, if you have been convicted of certain crimes, there is still a chance that you can be deported even though you entered the United States with a “green card.” This is why it is so important to seek professional advice before filing applications that may harm you in the long run if done prematurely. The attorneys at Cabanas Law Firm will help you navigate through the complicated immigration laws to make sure that you put your best foot forward when taking the final step towards becoming a U.S. citizen.

Relative Petitions and Adjustment of Status

If you are a U.S. citizen or a lawful permanent resident (you have a “green card”) then you can petition for a spouse and/or certain family members to also possibly become permanent residents. Many people ask how long this process will take. The answer depends on many factors including but not limited to (1) whether you are petitioning as a U.S. citizen or as a green card holder, (2) the country your spouse, child or relative is from (3) the age of the person you are petitioning for and (4) whether that person is single or married.

In addition, the petition process becomes even more complicated if criminal issues are involved or if the person you are petitioning for entered the United States illegally. In this case, additional steps involving careful research are necessary before your application is sent to USCIS. Our experienced attorneys, paralegals and staff at Cabanas Law Firm will thoroughly investigate your case and advocate zealously on your behalf in order to fulfill all of your immigration needs.

Background/Review of FOIA (Freedom of Information Act)

Being convicted of a crime can have serious immigration consequences. Depending on your current immigration status and the type of crime that was committed, it is important to attempt to resolve these criminal issues first before mailing applications to the United Citizenship and Immigration Services (“USCIS”) by yourself or through an inexperienced “notario.” As previously mentioned, it is always important to let the attorneys at Cabanas Law Firm help you prepare a complete and thorough application that addresses all immigration issues that are specific to your individual case.

To accomplish this, Cabanas Law Firm offers a unique service that involves us combing through and researching all public information relating to your background so that we know exactly how to address your specific needs. Why pay lump sum “up front fees” for an immigration application that you may not even qualify for based on a criminal issue that you thought was expunged? We here at Cabanas Law Firm understand that it is important to have all of the facts at hand before moving forward. Let us help you make a fully informed decision about your future.

Deferred Action for Childhood Arrivals (“DACA”)

If you arrived in the United States when you were young with the goal of having a better life for yourself and your family, do not give up on those aspirations. The U.S. Government has announced a program that allows individuals who entered the U.S. before their 16th birthday (or were under the age of 31 as of June 15, 2012) to be protected against deportation and allowed to stay in the U.S. for a period of 2 years.

During this two year period (which can possibly be renewed), a person that qualifies for DACA is allowed to work in the U.S. DACA immigration relief applies to people who entered the United States at a border without being officially inspected. Also, if your immigration status expired as of June 15, 2012, you may also be eligible. If either of these situations apply to you, Cabanas Law Firm can help reduce the fear of possible deportation by determining whether you qualify for DACA.

Provisional Unlawful Presence Waiver

There are two general ways a person can apply to change his or her immigration status to become a permanent resident. The first is called “adjustment of status,” which can be done within the United States. The other method is called “consular processing,” which requires the applicant to leave the United States and interview with their consulate office in their home country before they are allowed to re-enter the U.S.

However, major problems can arise if the person wishing to change his or her immigration status entered the United States illegally. In this case, the individual will most likely have to consular process abroad in order to re-enter the United States legally. However, many people are afraid that once they leave the U.S. to interview at their home consulate, it will either (1) take a long time before they are allowed to re-enter or (2) they will not be allowed to come back into the U.S. at all.

The provisional waiver can help reduce these fears while also cutting down on the amount of time the applicant is separated from loved ones currently living in the United States. But remember, even if your provisional waiver is approved, it is extremely important that you speak with an experienced attorney at Cabanas Law before you leave to attend your visa interview at your consulate office. This is because there may be other reasons that you are unaware of that can prevent you from re-entering the U.S. This is true even if your unlawful presence waiver was already approved!

To help give you peace of mind, the attorneys at Cabanas Law Firm will carefully consider your options after conducting extensive research regarding the benefits and risks of leaving and re-entering the U.S.

Temporary Protection Status (“TPS”)

In certain cases, the U.S. government may grant temporary protected status (“TPS”) to certain foreigners present in the United States. This can happen if a condition occurs in the individual’s home country that makes it unsafe for them to return there. For example, an ongoing civil war or natural disaster (such as a severe hurricane) in a foreign country may cause the U.S. government to announce temporary protected status for nationals of that country who are in the United States.

When the U.S. government grants temporary protected status, it does so for a designated period of time, which must be continually renewed. If you qualify for TPS, then you may not be deported and can work legally in the United States. On the other hand, if you already have TPS, it is important that you be aware of the time frames that you must file for TPS re-registration.

Although TPS by itself is not a path to permanent residency, you may have options that allow you to possibly change your immigration status to something more permanent or to apply for a different type of non-immigrant status all together. We at Cabanas Law Firm will take the time to personally meet with you and fully assess your individual situation. By understanding your unique circumstances, we will work diligently in achieving your goals so that you do not have to spend time worrying and can get back to what’s important to you.

Removal Proceeding Hearing Attendance and Cancellation of Removal

Of course, being placed into “removal proceedings” by the U.S. government is something you should take very seriously. Receiving a document called a “Notice to Appear” likely means that the Department of Homeland Security will be making its case before the immigration Judge as to why you should be deported from the United States. Do not go through this nightmare by yourself. We at Cabanas Law Firm will guide you through this process and be with you every step of the way.

Even though you are in removal proceedings, you may still be able to cancel your removal proceedings and even gain lawful status in the United States. Let our firm defend you in court! Do not give up and assume that there is nothing you can do. Please do not delay in contacting our firm and risk the chance of deportation when there are defenses you can raise right now.

Asylum

If you fear persecution based on your race, religion, national origin, political opinion or membership in a particular social group, you may be eligible for asylum and be allowed to stay in the United States. Some people may think that the harm they experienced in the past or the fear of harm they feel if they are returned to their country in the future is not serious enough to constitute “persecution.” But it is extremely important to consult an experienced attorney at Cabanas Law who can fully evaluate your individual case and assess your situation.

It is also very important to file for asylum as soon as possible within the first year of arriving in the United States. Furthermore, if you are granted asylum, you are allowed to petition for your spouse and minor children who may also be granted lawful immigration status. Again, there are certain deadlines for this procedure and you should contact an attorney as quickly as possible. In addition, a person that is granted asylum is allowed to work lawfully in the United States and can apply for a “green card” after one year.

We at Cabanas Law Firm understand that it may be difficult for some people to express the harm or fear they are experiencing if they are forced to return to their country of origin. Of course, everything you tell us is strictly confidential and we pride ourselves on taking the time to personally listen to your case and keep in contact with you through all phases of your immigration proceedings.

Other Immigration Services and Temporary Visa Applications

In addition to the immigration services listed in other sections of this website, Cabanas Law Firm can offer you a variety of other immigration assistance. The following is a brief and nonexclusive list of other immigration services we offer as well as general information about the visa.

Visitor Visa

  • - The visitor visa is a nonimmigrant visa for those persons who wish to enter the United States for business (B-1), for pleasure (B-2) or a combination of both (B1/B2).
  • - It is possible to renew a B1-B2 visa or to adjust your status to another type of immigration visa.

Student Visa

  • - F visas are a type of non-immigrant visa that allows noncitizens to pursue academic studies and/or language training programs in the United States.
  • - Those interested in obtaining a student visa must apply to the school, which will then issue certain forms that must be completed after the applicant is accepted.
  • - It may be possible to adjust your status to a student visa if you entered the United States on another type of visa. However, it is important that you consult an attorney before doing so to make sure that you are not violating the terms of your original visa.
  • - If you qualify for a student visa, it may also be possible for your spouse and children to accompany you on a “F-2” visa.

Specialty Occupation / Professional Visa

  • - The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers (who meet certain education requirements) in specialty occupations.
  • - It may be possible for a person with a H-1B visa to change his or her status to another type of visa that may offer a path to permanent residency. Please see an attorney at Cabanas Law to explore your options.

Fiancé Visa

  • - A K-1 visa is issued to the fiancé of a United States citizen to enter the U.S.
  • - The K-1 visa requires the visa holder to marry his or her U.S. citizen petitioner within 90 days of entering the United States.
  • - Once the couple marries, the K-1 visa holder can adjust his or her status to become a lawful permanent resident (“green card” holder).
  • - However, the green card granted to the spouse is conditional and you should consult an attorney at Cabanas Law who will guide you through the process of removing the conditions.

Intracompany Transfer Visa

  • - An L visa is available to employees of an foreign company that wishes to open an office(s) in the United States.
  • - The L visa may also be available to a U.S. company that has an overseas branch that wishes to bring an employee working at the foreign branch over to the United States.
  • - There are two different types of L visas. The first type, called the L-1A visa, is used to transfer executives or managers to the new office. The second type, called the L-1B visa, is used to transfer employees with specialized knowledge over to the new branch.
  • - The transferring employee may be accompanied by his or her spouse and unmarried children who are under 21 years of age.
  • - It is possible to renew the L-1A visa for up to 7 years. In contrast, the L-1B visa can be renewed for a maximum of 5 years. Before this deadline, you should consult us at Cabanas Law Firm to see if you can adjust your status to something more permanent.

Extraordinary Ability Worker Visa

  • - The United States may grant an O visa to a noncitizen who is able to show extraordinary ability in the sciences, arts, education, business or athletics.
  • - A P visa is another type of temporary employment visa granted to a noncitizen athlete, artist, and entertainers as well as to their spouses and children.

Religious Worker Visa

  • - The United States can grant a R-1 visa to those who enter the U.S. temporarily by a non-profit religious organization in the U.S. to work as a minister or in a religious capacity.

Immigration Reform Today

A common conception in today’s society is that the immigration system is broken. According to this view, all major legislative efforts to fix the immigration system since 1986 have stopped short of achieving comprehensive immigration reform. There are many reasons that attempt to explain exactly why past attempts at immigration reform in the last 20 years has failed. However, the crux of the issue revolves around the fact that immigration is a sensitive and complicated issue that has become increasingly politicized within the past two decades.

The key to achieving comprehensive immigration reform lies in the ability of both Republicans and Democrats to reach a bi-partisan agreement that involves compromise. One can argue that the reason past attempts to fix the immigration problem has failed is because the past laws did not take into account the future needs of a U.S. economy that is learning to compete in an era of globalization.

In addition, comprehensive immigration reform has been difficult to achieve in the past because one side of the bargaining table usually imposes certain requirements that must be met before they are willing to negotiate on other issues. Two examples of these “bargaining chips” include increased border enforcement and cracking down on employers that hire undocumented workers. Based on past attempts of overhauling the nation’s immigration laws, it is often the case that these two requirements must be addressed before any significant and lasting progress on comprehensive immigration reform can be achieved.

Critics often point to “amnesty” as being the reason why past attempts at immigration reform have failed. For example, in 1986, President Reagan signed into law a bill that increased border enforcement and imposed penalties for employers hiring undocumented immigrants while at the same time legalized approximately three million undocumented immigrants that were already living in the United States. In essence, although the bill succeeded in showing that compromise was indeed possible between Democrats and Republicans, the Bill was criticized as being a “quick fix” to an issue that many said required a complete overhaul.

My message to you is that the time for a complete immigration overhaul has come.

After twenty years of incomplete attempts to fix the immigration system there is a chance that lasting change to current immigration laws can be achieved. In fact, on January 29, 2013, President Obama addressed immigration at a high school in Nevada and stated that “the time for immigration reform is now.” Furthermore, as a group of bi-partisan senators known as the “gang of 8” currently strive to work out a plan that both sides of the table can agree on, it is important to note that as of today, Republicans have been willing to compromise and find a way to offer a path to citizenship for some eleven million undocumented immigrants that are currently living in the United States. In addition, it is entirely possible that a new guest worker program as well as an agricultural visa program are all possible under the umbrella of immigration reform.

What does this mean to you?

It means that as the United States moves toward the cusp of comprehensive immigration reform, you must realize that you have options. Specifically, Cabanas Law Firm will help you explore those options and come up with a specific plan that is custom tailored to your specific immigration circumstance and needs. Whether you are currently in removal proceedings or wish to adjust your status to become a lawful permanent resident (to get a “green card”) and eventually become a United States citizen, the Cabanas Law Firm will handle your immigration problems from the beginning to the very end so that you can get back to focus on what’s important in your life.

To learn more about your legal options, call our Pembroke Pines, FL Immigration Attorneys today.